# Transportation (GTR) ## Title 5. Aviation ### Subtitle 1. Definitions; General Provisions #### Section 5-101 (a) In this title the following words have the meanings indicated. (b) "Administration" means the Maryland Aviation Administration. (c) (1) "Aeronautics" means the science and art of flight. (2) "Aeronautics" includes: (i) Transportation by aircraft; (ii) The operation, construction, repair, or maintenance of aircraft, aircraft power plants, and their accessories; (iii) The repair, packing, and maintenance of parachutes; (iv) The design, acquisition, establishment, construction, extension, operation, improvement, repair, regulation, or maintenance of airports, airport facilities, and air navigation facilities; and (v) Instruction in flying and related ground subjects. (d) (1) "Air navigation facility" means any facility that is used in, available for use in, or designed for use in the aid of air navigation. (2) "Air navigation facility" includes any one or more or combination of structures, mechanisms, lights, beacons, markers, communication systems, and other instrumentalities or devices useful or designed for use as an aid or constituting an advantage or convenience to the safe taking off, navigation, and landing of aircraft or the safe and efficient operation or maintenance of an airport or airport facility. (e) "Aircraft" means any device used or designed for navigation of or flight in the air. (f) "Airport" means any area established for the landing and taking off of aircraft, including any appurtenant airport facilities. (g) "Airport facility" includes any one or more or combination of: (1) Lands, airfield improvements, terminal area improvements, general aviation facilities, air cargo facilities, general site improvements, utilities, roads, streets, parking lots, and other facilities useful or designed for use in connection with the operation of an airport; and (2) All other appurtenances and equipment useful or designed for use in the handling of air carrier service, general aviation activities, and other related activities. (h) "Airport hazard" means any structure, tree or other vegetation, or use of land that: (1) Obstructs the airspace required for the landing and taking off of aircraft at an airport; (2) Is hazardous to the landing or taking off of aircraft at an airport; or (3) Interferes with communication between an airport and aircraft. (i) "Commission" means the Maryland Aviation Commission. (j) "Executive Director" means the Executive Director of the Maryland Aviation Administration. (k) "Operate aircraft" means to navigate, pilot, or otherwise use aircraft in the air or on land or water. (l) "Police officer" means any State or local officer authorized to make arrests for violations of State or local laws. (m) "Structure" means any object constructed or placed on or above the ground, including any building, fence, derrick, haystack, pole, wire, tower, or smokestack. #### Section 5-102 (a) The purpose of this title is to further the public interest and aeronautical progress by: (1) Promoting safety in and protecting aeronautics; (2) Cooperating to promote uniformity of aeronautics laws and regulations in the several states, consistent with federal aeronautics laws and regulations; (3) Granting powers to the Administration and imposing duties on it to enable this State to perform properly its functions relating to aeronautics and to exercise effectively its jurisdiction over persons and property, assist in the development of a statewide system of airports and airport facilities, cooperate with and assist the political subdivisions of this State and others engaged in aeronautics, and encourage and develop aeronautics; (4) Establishing only those regulatory provisions that are essential, so that persons may engage in any aspect of aeronautics with the least possible restriction, consistent with the safety, health, welfare, and the rights of others; and (5) Providing for cooperation: (i) With federal authorities in developing a national system of civil aviation; and (ii) With the political subdivisions of this State in developing and coordinating aeronautics in this State. (b) (1) The acquisition of any property under this title, the planning, acquisition, establishment, construction, improvement, maintenance, equipping, and operation of airports, airport facilities, and air navigation facilities, whether separately by this State or by a political subdivision or jointly by this State with any political subdivision, and the exercise of any other powers granted by this title are public and governmental functions, exercised for a public purpose, as matters of public necessity. (2) All property and privileges acquired and used by or on behalf of this State or a political subdivision under this title are acquired and used for public and governmental purposes, as matters of public necessity. #### Section 5-103 (a) The law of this State defines and governs all crimes, torts, and other wrongs committed in flight over this State. (b) All contractual and other legal relations entered into by any person while in flight over this State have the same effect as if entered into on the land or water beneath. #### Section 5-104 (a) Except where granted to and assumed by the federal government under a constitutional grant from the people of this State, sovereignty in the space above the lands and waters of this State rests in this State. (b) The ownership of the space above the lands and waters of this State is vested in the owner of the surface beneath, subject to: (1) The right of flight described in Sec. 5-1001 of this title; and (2) The zoning and related powers set forth in Subtitles 5 through 8 of this title. #### Section 5-105 If a political subdivision has the power to appropriate money, it annually may impose a tax in the political subdivision and appropriate an amount sufficient to carry out its powers and duties under this title. #### Section 5-106 Notwithstanding any other provision of State or local law, the establishment of a commercial use airport in the sixth election district of Queen Anne's County is prohibited. --- Md. Code Ann., Transp. (as displayed at mgaleg.maryland.gov, October 16, 2026)